The Congress party dissented from the selection process for positions in the National Human Rights Commission (NHRC). In a dissent note dated December 18, Congress leaders Mallikarjun Kharge and Rahul Gandhi called the selection process a “predetermined exercise” that was “fundamentally flawed”.
The meeting of the Selection Committee for the chairperson and members of the NHRC took place on December 18. The Union government on Monday, December 23 cleared the appointment of retired Supreme Court judge Justice V Ramasubramanian as the NHRC Chairperson.
In the statement, the Congress said that the Committee disregarded established traditions of mutual consultation and consensus. “This departure undermines the principles of fairness and impartiality, which are critical to the credibility of the Selection Committee. Instead of fostering deliberation and ensuring a collective decision, the Committee relied on its numerical majority to finalise the names, disregarding the legitimate concerns and perspectives raised during the meeting.”
Furthermore, the Congress leaders expressed reservations about the “representativeness” of Justice Ramasubramanian. They said that NHRC is tasked with safeguarding the fundamental human rights of all citizens, particularly those from oppressed and marginalised sections of society.
“Its ability to fulfil this mandate depends significantly on the inclusiveness and representativeness of its composition. A diverse leadership ensures that the NHRC remains sensitive to the unique challenges faced by various communities, especially those most vulnerable to human rights violations,” they said and added that they had proposed Justices Rohinton Fali Nariman and Kuttiyil Mathew Joseph for the position of Chairperson.
“Justice Rohinton Fali Nariman, a distinguished jurist from the minority Parsi community, is renowned for his intellectual depth and unwavering commitment to constitutional values. His inclusion would send a strong message about the NHRC's dedication to representing India's pluralistic society. Similarly, Justice Kuttiyil Mathew Joseph, a former Supreme Court judge, belonging to the minority Christian community, has consistently delivered judgments that emphasise individual freedoms and the protection of marginalised groups, making him an ideal candidate for this critical position. Furthermore, for the position of members, we recommended the names of Justice S Muralidhar and Justice Akil Abdulhamid Qureshi, both of whom have exemplary track records in upholding human rights,” the statement read.
They further said, “The dismissive approach adopted by the majority of the Selection Committee … is deeply regrettable. The NHRC's credibility and effectiveness depend on its ability to embody the diversity and inclusiveness that define India's constitutional ethos. The names we proposed reflect this spirit and align with the foundational principles of the Commission. Their exclusion raises significant concerns about the impartiality and fairness of the selection process.”
The NHRC has been operating without a full-time Chairperson since June 1 this year, following the retirement of Justice Arun Mishra. The appointment of Justice Ramasubramanian marks the end of a six-month vacancy.